DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carey Community Resources Inc. T/A Timber Café
(AG2015/6624)

CAREY COMMUNITY RESOURCES INC. ENTERPRISE AGREEMENT 2015

Restaurants
COMMISSIONER GREGORY	MELBOURNE, 15 JANUARY 2016

Application for approval of the Carey Community Resources Inc. Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Carey Community Resources Inc. Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carey Community Resources Inc. T/A Timber Café. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2016. The nominal expiry date of the Agreement is 1 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Carey Community Resources Inc., trading as Timber Café, sought approval of their 2015 Enterprise Agreement from the Fair Work Commission. The application for approval arose from a dispute over whether the agreement met the criteria for approval under the Fair Work Act 2009. The key issues in the case included whether the agreement contained all the required terms, whether it was free from prohibited content, and whether the agreement had been made in accordance with the procedural requirements of the Act.

The Fair Work Commission examined the content and procedural fairness of the agreement. It considered whether the agreement included all the mandatory terms and whether it contained any prohibited content, such as terms that were contrary to public policy or that undermined the operation of the safety net. The Commission also evaluated the process by which the agreement was made, including whether genuine bargaining had occurred and whether the agreement had been properly presented to the employees for their consideration and vote.

After reviewing the evidence and submissions, the Fair Work Commission found that the Enterprise Agreement contained all the mandatory terms and was free from prohibited content. The Commission determined that the agreement had been made through genuine bargaining and that the process for presenting and voting on the agreement had been fair and compliant with the Act. The Commission approved the agreement, finding that it met all the legal requirements for approval.

The Fair Work Commission ordered the approval of the Carey Community Resources Inc. Enterprise Agreement 2015, effective from the date of the decision. This decision provided clarity and certainty for the parties involved and established the terms and conditions of employment for the employees covered by the agreement.

Carey Community Resources Inc. T/A Timber Café

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established